City Council

October 6, 2009 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:45 PM P.H. - Amend Capital Budget - Church Street Reconstruction Project 6:50 PM P.H. - Amend Capital Budget - Visitor Center Project 6:55 PM P.H. - Amend Capital Budget - Core Area Mobility and ADA Accessibility Project 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) 1. Saratoga Children's Theater 2. 2010 Comprehensive Budget EXECUTIVE SESSION Discussion regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation. CONSENT AGENDA 1. Approval of 9-15-2009 Budget Workshop and City Council Minutes 2. Approval of 9-21-2009 Budget Workshop and City Council Minutes 3. Approval of 9-25-2009 City Council Minutes 4. Approve Budget Amendments 5. Approve Budget Transfers 6. Approve Capital Budget Transfers 7. Approve Payroll 10/2/2009 $404,796.56 8. Approve Payroll 9/17/2009 $448,898.25 9. Approve Payroll 9/24/2009 $412,801.77 10. Approve Warrant 2009 Mid MC3SEP09 $389,644.95 11. Approve Warrant 2009 Regular 1OCT09 $523,518.45 MAYOR’S DEPARTMENT 1. Discussion and Vote: Easement Agreement - Susan Shafer 2. Discussion and Vote: Date Change of November 3, 2009 City Council Meeting City Council Meeting 10/06/09 3. Discussion and Vote: Request for Additional Defense Counsel re: Henry Smith vs. City of Saratoga Springs, et al. 4. Appointment: Design Review Commission 5. Appointment: Heritage Advisory Board ACCOUNTS DEPARTMENT 1. Announcement: Award Recipient 2. Discussion and Vote: Marriage Officer Resolution 3. Award of Bid: Potable and Storm Water Testing to CNA Environmental 4. Award of Bid: Sale of 1977 Mack CF Vehicle to Jason Kaczmarek FINANCE DEPARTMENT 1. Discussion and Vote: Recreation Department Payroll Transfers 2. Discussion and Vote: Department of Public Works Payroll Transfers 3. Discussion and Vote: Department of Public Safety Payroll Transfers 4. Discussion and Vote: Standard Work Day Resolutions 5. Discussion and Vote: Amend 2009 Capital Budget-Visitor’s Center 6. Discussion and Vote: Capital Reserve Resolution-Visitor’s Center 7. Discussion and Vote: Amend 2009 Capital Budget-Core Area Mobility 8. Discussion and Vote: Amend 2009 Capital Budget-Church Street Reconstruction 9. Set Public Hearing: 2010 Operating Budget PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Amend the Capital Budget – Core Area Mobility and ADA Accessibility Project 2. Discussion and Vote: Amend the Capital Budget-Church Street Reconstruction Project 3. Discussion and Vote: Authorization for Mayor to sign 2009 Stormwater Grant Application 4. Discussion and Vote: Authorization for Mayor to Sign a Supplemental Agreement with DOT-Church Street Reconstruction Project 5. Discussion and Vote: Authorization for Mayor to Sign a Supplemental Agreement with Stantec – Nelson Avenue 6. Discussion and Vote: Authorization for Mayor to Sign Three Utility Easements – Nelson Avenue Phase III 7. Announcement: Street Paving Schedule 8. Discussion and Vote: Amend the Capital Budget – Visitor Center Project PUBLIC SAFETY 1. Discussion and Vote: Accept Donation for DARE Program 2. Set Public Hearing: City Code Amendment – Parking – Spring Street Between Regent & Court 3. Announcement: Appreciation – School Crossing Guards Page 2 of 21 City Council Meeting 10/06/09 SUPERVISORS Joanne Yepsen 1. Saratoga Children’s Theater & Non-Profit Requests 2. Report of NYSAC Conference 3. Grants to You 4. Safe Routes to School Committee Update 5. Fourth Annual Jazz BBQ 6. County Veterans Update 7. County Land Preservation Grants Matthew Veitch 1. Trails Committee Update 2. Green Committee Update 3. Rt. 50 Update 4. NYRA Local Advisory Board 5. Friends of Saratoga County Animal Shelter Benefit 6. Saratoga Gaming and Raceway Foundation Grants 7. HEAP Energy Assistance Program ADJOURN Page 3 of 21 City Council Meeting 10/06/09 City of Saratoga Springs City Council Meeting City Council Room Tuesday, October 6, 2009 7:00 PM PRESENT: Scott Johnson, Mayor (attending late) Ken Ivins, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Ron Kim, Commissioner of DPS PRESENT: Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Kate Jarosh, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Patrick Design, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Joe Scala, City Attorney RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC HEARINGS Amend Capital Budget – Church Street Reconstruction Project Commissioner Ivins opened the public hearing at 6:50 p.m. Commissioner Scirocco called on Paul Male, city engineer to explain the amendment being proposed. Paul Male advised this is a stimulus project. The original budget was set by the state was around $1.6 million. They are asking for the capital budget to be amended to $2.8 million which would include all the additional work required. There is no cost to the City. Commissioner Ivins asked what the time frame is on this project. Paul stated they are starting with the watermain tomorrow on the corner of Church Street and Outlook Avenue. There will be a 21 day shut down at the intersection of Church St. and Myrtle St. Paths will remain open for all emergency vehicles. No one spoke. Commissioner Ivins closed the public hearing at 6:55 p.m. Amend Capital Budget - Visitor Center Project Page 4 of 21 City Council Meeting 10/06/09 Commissioner Ivins opened the public hearing at 6:55 p.m. Commissioner Scirocco called on Paul Male, city engineer to explain this project. Paul Male advised this project is to repair the northwest corner of the building. There has been severe deterioration due to water damage. The building is made of clay tiles and covered with stucco. The tiles have deteriorated in this area. They are asking to amend the capital budget for $25,000. This is a new capital project for 2009. Ryan-Biggs, structural engineers, evaluated the building and found there is no structural damage at the moment, but determined a fix should be done before another freeze/thaw season. Commissioner Scirocco stated they did some support work at the Visitor Center in the attic. No one spoke. Commissioner Ivins closed the public hearing at 7:00 p.m. Amend Capital Budget - Core Area Mobility and ADA Accessibility Project Commissioner Ivins opened the public hearing at 7:00 p.m. Commissioner Scirocco called on Paul Male to explain this project. He stated Lew Benton was instrumental in securing the grant for this. Lew Benton advised this is a $24,000 revenue item through highway transportation through the CDTC. Application was made last fall and we now have permission to do the entire project. There will be no outside vendors. There is a $6,000 local matching share, which can be made up by force account. The engineering office has completed a preliminary and final engineer and both have been approved by DOT. They are going to replace the highway section from the corner of Broadway and Spring Street to the entrance to the new handicap accessible entrance of the Arts Council building. It will bring the sidewalk segment into compliance with ADA standards. Paul Male explained part of the problem in that area is water runs down the sidewalk. This will fix the drainage problem in this area. Commissioner Scirocco stated the project includes rebuilding the handicap ramps on both sides of Broadway and Spring Street. Paul advised they have accounted for approximately $4,500 of their time to date, therefore there will not be a problem meeting the $6,000 match. No one spoke. Commissioner Ivins closed the public hearing at 7:05 p.m. CALL TO ORDER Commissioner Ivins called the meeting to order at 7:05 p.m. PUBLIC COMM IENT PERIOD Commissioner Ivins opened the public comment period at 7:06 p.m. Commissioner Ivins said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Clark Hayward of 496 Rowland Street, Ballston Spa, and President of SEMS advised he was here to comment on the status of the agreement between SEMS and the City. As of today he still has not had any Page 5 of 21 City Council Meeting 10/06/09 feedback on the contract. SEMS was awarded the RFP back in July; it appears the Public Safety Department does not want SEMS to have this contract. Roadblocks have been continually put in their way including words being put in the mouths of people who sat on the RFP committee. SEMS is not going to let this go away – they will continue to keep this in the public eye. They will also do whatever they can to cooperate to bring this to a conclusion. He respectfully asked the Council to bring this to a conclusion by any means they have. David Chew of 18 Alger Street invited the Council to get together informally with him. He has a lot of ideas regarding how to preserve historic sites in Saratoga Springs. Kevin Genier of 51 Hawthorn Blvd and president of the firefighters union stated there is a lot of talk of union contracts and lay-offs. In their last contract, they reduced their starting salaries by $10,000 and started paying into their health insurance. The Council budgets every year for their retirement but not all of the money was spent. What was the left over money used for? Was it put into an account for their retirements? Was it used for the front steps of City Hall? Was it used for the recreation center? You are talking about layoffs for a fire department that is already understaffed. They don’t have the manpower to do what they do now. They are wondering when it is going to be their time to have a funeral parade down Broadway. What have we done about paid parking – nothing. What have we done about SPAC surcharges – nothing. What have we done about hotel surcharges or other revenues to keep this from happening? If we reduce our staff it affects everyone. This is about the guys who are going to get laid off – a livelihood situation – it’s a life situation. It is their life and the lives they are going to save. Suzanne Kwasnewski of 126 White Street stated her home is a 2 family house. Her tenant pays below market rent. Because she charges them sub market rent, she does not qualify, even though the income qualifies, for aid available from federal grant programs through the City to fix up her house. She wants the convenience of walking downtown so she bought a house close to downtown. She and her husband have spent more on repairs for the house than what they spent to purchase the house. She resents subsidizing parking for people who want to come downtown. We are talking about cutting jobs. If you want to cut jobs, start with non essential services that can be farmed out. She didn’t look at the specific budget for the IT department, but the director makes 6 figures. In the city of Auburn, a similar size city with a similar budget, they privatize their IT and it costs them less than $50,000 per year. Before you cut firefighters or police officers, you need to look at things like that. In the Accounts Department we have somebody whose job is to count things, but she doesn’t count things, she makes lists for departments and those departments have to count things. This job was created for a former commissioner’s former girlfriend. Guess what, that is a position you can do without. If you cut firefighters, insurance for homeowner’s is going to go up and people are going to be at risk. So before you cut essential services, you need to cut non-essential services. If this Council had put the best interest of City taxpayers before personal petty politics, we would have $4.5 million dollars in our coffers; we’d have an underused property with the potential of bringing in tax revenue and we would be on our way to having paid parking bringing in money. Get your act together gentlemen. Frank Barrone of 91 Van Dam Street, also a DPW worker, stated he has already been cut. He is down to 20 hours a week because the other alternative was unemployment. The zero tax increase really killed him. Within his department, people are being hired on a permanent basis with less seniority than him. What he got out of this department was 20 hours – take it our leave it. He feels sorry for the citizens of Saratoga Springs. Kyle York of 59 Railroad Place stated tonight we will learn what we must pay for a budget created by 6 people. Our City’s expenses could have been significantly reduced but such cuts were stopped by the 6th person. He admires and worked for DPW. This year serious cuts were required; all we asked for 5% and DPW said it was impossible. There was an unruly crowd and a person from Greenfield who asked the mayor in the hall to brawl with him. This person was not gaveled down or ejected; nor did a police officer take him outside for what seemed to be a credible threat. It taught a lesson, intimidation will be tolerated. He admires public safety and has family and friends in that profession. This year serious cuts were required – we asked for 5% and were told it was impossible. Again we had an unruly crowd but this time the intimidation was saved for a private moment. In the weeks since those meetings a union member made a serious and credible threat to a member of this City Council and his family. The Council member was extremely disturbed and this Council member has taken it to heart. He learned of this from a Page 6 of 21 City Council Meeting 10/06/09 confidential source that he will not reveal. Given our situation he no other choice but to break this confidentiality. He will not name that source here or to any journalist. He intends to give all his information tomorrow to the district attorney in hopes of some investigation. The threat is well known in this building by other people with families. He expects many of them to deny his allegation out of self protection. The disgrace to the union is to be feared. It has to stop here. He believes good men and women will step forward. He believes our financial future should be determined by a budget not blackmail. Jeff Clark stated he is here on behalf of the board of directors for the DBA. He wanted to remind the Council that the charm of downtown that draws tourists and tourist dollars is partly due to DPW with the flowers, snowplowing, etc. The charm of Saratoga is also 200 entrepreneurs who risk their family fortune to have a marginally effective business on Broadway. Those folks are going to be affected by the property tax cuts and paid parking. Mark Lawton of 209 Nelson Avenue stated he is here to remind the Council we can’t evaluate a budget without updates and a business plan. There has not been one done for the current budget. That is a requirement in the charter. Commissioner Ivins closed the public comment period at 7:25 p.m. Presentations Saratoga Children's Theater Supervisor Yepsen stated some of the reasons people want to visit, work and live in Saratoga is the arts. She thanked Meg Kelly for all she is doing in the community and putting up with the City as they work through the rate schedule for the music hall. She introduced Meg Kelly. Meg Kelly advised that her office is at her home as she cannot afford office space in the City. They have 50 children in the show The Wizard of Oz this weekend. The children’s theater is not for profit. There will be 3 shows in 2 days. Each show will sell out at 300 seats per show. The children’s theater also runs summer camps. 2010 Comprehensive Budget Commissioner Ivins presented the 2010 comprehensive budget. This will be going on the web. Council members will be receiving a copy of a worksheet that shows changes from their requested budget compared to the budget being presented tonight. This is the toughest budget season this City has had to face for a couple generations. The country is in the middle of a recession. The average medium household income in Saratoga Springs is $57,300. This information was pulled from the website www.city-data.com. Any kind of an increase is a hardship. Property growth has remained flat, sales tax revenue is declining due to the recession, employee costs are going up, VLT monies have been lost, employee costs are increasing, and the ability of the tax payer to absorb tax increases is declining. We are the only community in the state that hosts a racino facility and gets nothing for it. We have asked Congressman Murphy to help us lobby for the VLT money; Senator Gillibrand’s office has not responded. Commissioner Ivins had three objectives when putting this budget together: 1. don’t put all the burden not on one particular group of people, 2. keep taxes as low as possible, and 3. set up a budget that sets a sound foundation for years to come. After requesting each department to come back with additional cuts, he received additional cuts from the mayor and the Accounts Department. Commissioner Scirocco stated he didn’t have any more cuts, but Commissioner Ivins worked with him to find some. Commissioner Kim never responded to his request. T Page 7 of 21 City Council Meeting 10/06/09 he overall budget deficit after all these cuts was $6.2 million or a 38.1% property tax increase. He was forced to make additional cuts to meet the 3 objectives laid out. Our debt service is going down; we have paid off some things. We have done a good job the last couple of years in keeping our capital budget down. The property tax increase comes out to be 7.81%. City property tax makes up about 25% of the total property tax a resident pays. How he arrived at that number: 1. staff reductions adding up to $1,732,000 (over 80% of the budget is people) 2. other non-employee reductions adding up to $1,154,000 3. budgeting $8 million in sales tax 4. Lillian’s lot is to close when the planning process is done for that lot 5. create paid parking to the amount of $1.35 million 6. take out sewer jet and put paid parking equipment in the capital budget Paid parking needs to be in place by May 1, 2010. We need to set up a committee with members made up of representatives from DPS, DPW, finance, county chamber, DBA, special assessment district, and a member of the community appointed by the mayor and another by the finance commissioner. Paid parking will be on existing lots, garages, and side streets – not on Broadway. Nothing will be built for paid parking right now; just installing the equipment and using existing lots, garages, etc. In the first year all revenues will be used for the general fund. After year 1, half of the parking revenues will be put aside for future parking solutions, such as a parking garage on Woodlawn Avenue. Personnel Reductions – all departments have positions that will be cut. There are some retirements that could be happening in public safety. If this is the case, maybe those positions could be left unfilled to offset some of the cuts. Less than 10% of our full time workforce will be cut. The average worker being reduced with this is at a salary of approximately $43,000. He can’t re-do contracts as part of his budget; that is negotiated by the mayor and unions. If everyone in the City, including Council members, contributed 20% to their health insurance we would save $950,000; if employees did not take a step increase in 2010 we would save $300,000; and if Council members, City Hall employees (except police, fire, and dispatch), and DPW employees took 1 furlough day per month we would save another $375,000. The net savings would be $1,625,000. The total being saved with the personnel reductions is $1,732,000. We could avoid almost all the layoffs with the changes mentions. This budget shares the burden with the taxpayers, businesses and the employees. Taxes are still going up; the number of employees is being reduced; and paid parking adds an additional burden to all. The key to paid parking is we are taxing the people who don’t live in our City. These people are enjoying our downtown and our services. A tax increase of 7.8% isn’t low, but in order to get to a 0% tax increase, he would have to find another $1.2 million in cuts. That would prevent our ability to adequately serve our community. Commissioner Ivins will be meeting one on one with any newly elected Council person to hear their input. If no budget is approved by November 30th, this is the budget that will be put in place for 2010. Executive Session Commissioner Ivins moved and Commissioner Franck seconded to move to executive session at 7:30 p.m. regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation . Ayes - All Council members returned at 7:53 p.m. where Commissioner Ivins advised the Council is not taking any action at this time. Page 8 of 21 City Council Meeting 10/06/09 Consent Agenda Commissioner Ivins moved and Commissioner Scirocco seconded to approve the consent agenda as proposed. 1. Approval of 9-15-2009 Budget Workshop and City Council Minutes 2. Approval of 9-21-2009 Budget Workshop and City Council Minutes 3. Approval of 9-25-2009 City Council Minutes 4. Approve Budget Amendments 5. Approve Budget Transfers 6. Approve Capital Budget Transfers 7. Approve Payroll 10/2/2009 $404,796.56 8. Approve Payroll 9/17/2009 $448,898.25 9. Approve Payroll 9/24/2009 $412,801.77 10. Approve Warrant 2009 Mid MC3SEP09 $389,644.95 11. Approve Warrant 2009 Regular 1OCT09 $523,518.45 Commissioner Ivins advised one voucher was pulled from the regular warrant of 1OCT09 reducing the amount to $513,427.95. Ayes – 4 Nays - 0 Mayor’s Department Discussion and Vote: Easement Agreement - Susan Shafer (09-278) Mayor Johnson moved and Commissioner Ivins seconded to approve the easement for Susan Shafer on North Broadway. Tony Izzo explained this relates to an encroachment into Bryan Street of about 3.4 feet for an existing building and 3.8 feet for a roof overhand. The property address is 718 North Broadway. Mayor Johnson confirmed the encroachment is nonconforming use. Tony Izzo stated that was correct. Ayes – 5 Nays - 0 Discussion and Vote: Date Change of November 3, 2009 City Council Meeting (09-279) Mayor Johnson moved and Commissioner Scirocco seconded to change the first City Council meeting in November to November 4, 2009 . Mayor Johnson stated the reason for the change is November 3rd is Election Day. Commissioner Kim stated he will not be able to be in attendance on the 4th. Ayes – 5 Nays - 0 Discussion and Vote: Request for Additional Defense Counsel re: Henry Smith vs. City of Saratoga Springs, et al. Page 9 of 21 City Council Meeting 10/06/09 John Aspland of Fitzgerald, Morris, Baker, Firth explained he received a letter from Kurt Massuer who represents former Mayor Keehn and the former city attorney Michael Englert in connection with the EOC action which has now turned into a civil rights complaint by Henry Lee Smith, Jr. Mayor Keehn and Michael Englert feel they are entitled to attorney representation paid for by the City due to a potential claim for defense indemnification as it might relate to the action that is before the northern district in New York now. Mayor Johnson asked Mr. Aspland to explain what defense indemnification is. Mr. Aspland explained that the letter stated there is a potential for the need to provide for their legal defense. The indemnification portion would be if there was some finding of liability against them that they would be indemnified under relevant provisions of the Charter or the Public Officers Law. He has not spoken with Mr. Massuer because of the particular request he made of him – he wanted to talk to the City Council first. Mayor Johnson stated defense indemnification means that if there are monetary damages awarded against the City, the individuals may be at risk of paying it themselves. Joe Scala, city attorney stated the defense they are looking for legal representation to represent them in respect to the manner and for the City Council to pick up the cost of that attorney. He has reviewed the Charter provisions and the Public Officers Law that was sited in the letter; he doesn’t think they are applicable. There were timelines included in the Public Officers Law that were not followed. It also appears there is nothing to defend them against or indemnify them for; this is a matter that they are not named in. Commissioner Kim asked if there are any numbers attached to this request. Mr. Scala stated there is no dollar amount listed. Mr. Aspland stated it is a blanket request for Mr. Massuer to appear at the deposition and defend Mr. Englert and Ms. Keehn. Commissioner Kim asked who is deposing them. Mr. Aspland stated the plaintiff sent a notice for deposition. He couldn’t accept the notice because these two are no longer employees of the City. Upon the request of Ms. Keehn and in attempt to meet the requirement established by the northern district, he provided Ms. Keehn with a subpoena for her employer so she could come be deposed. Commissioner Kim asked why we didn’t let Henry Smith’s attorney subpoena her. Mr. Aspland explained he hadn’t sent her a subpoena in a timely fashion and we were running against the deadlines in the northern district scheduling. Commissioner Kim stated this does set up a conflict now that you sent the subpoena. He asked Mr. Aspland if he deposed her. Mr. Aspland stated he had not deposed her. They have been schedule to give deposition testimony but had to be rescheduled because Mr. Massuer then informed Mr. Aspland that he was defending both, not just Mr. Englert. Mayor Johnson confirmed that the request being made by Mr. Massuer on behalf of Mr. Englert and Mayor Keehn is that he be appointed defense counsel from this point forward in that litigation for the purpose of discovery and be paid at the City’s expense. Mr. Aspland stated he wants to be paid to be present at their deposition and to defend them in any fashion he feels necessary. He has not called Mr. Massuer to further discuss what that is. Page 10 of 21 City Council Meeting 10/06/09 Mayor Johnson confirmed that if this is not passed by the Council, Mr. Aspland appears on behalf of the City to defend any witness giving testimony. Commissioner Kim stated he can’t understand why our attorney is serving subpoenas on former Mayor Keehn and the city attorney. He asked if we need to ask them questions. Mr. Aspland stated given the allegations, we need them to state some things they probably will state to support our defense. Commissioner Kim asked why we would care if the deadline has passed for the Henry Smith deposal. Mr. Aspland stated as the attorney who is on the file in the scheduling uniform trial scheduler in federal court he agreed to the deadline to complete the discovery motions. He didn’t want to be in the position where he wasn’t in compliance with the court order. Without a subpoena, neither of those individuals would be able to be present to give testimony which would aid him in defending the City. Commissioner Kim asked if the former city attorney can be summoned to testify due to attorney/client privilege. Mr. Aspland stated he can be. He gave testimony in a matter where he is a trial counsel for one of the parties. To the questions where the privilege applied, he employed the privilege. If there were questions that were based on fact and the privilege didn’t apply he answered the question. This situation here is one where the nature of the allegation is there was a retaliatory disclosure of the individuals personnel file. Commissioner Franck asked if they could go into executive session to discuss the letter. Commissioner Kim asked what the time limit is on this as they just received the letter and he wasn’t aware this was even going on. Mayor Johnson asked what the deadline is on discovery. Mr. Aspland stated he believes it is the second week of November. They are still waiting on some documents and a couple depositions. Commissioner Kim stated he believes they need to hear from Mr. Massuer regarding what the former mayor and city attorney are up against. He is not prepared to vote on this. Also, we have had a history in the past to have counsel when these things have happened. Alternative counsel was brought in for the last administration for the DEC litigation; there is precedent. He would like to hear from this attorney why he feels there is a need for alternative counsel. Mayor Johnson stated he does not object to defer this to the Council meeting of October 20th to resolve outstanding issues and to allow their proposed defense counsel to come forward and provide more details to our City attorney and Mr. Aspland. This item was withdrawn from vote tonight. Marilyn Rivers, Risk and Safety Manager asked the Council to keep the letter from Mr. Massuer confidential. The Council returned their copies of the letter to Mr. Aspland. Appointment: Design Review Commission Mayor Johnson stated he is pleased to announce an appointment to the Design Review Commissioner to fill the vacancy of Christopher Bennett – Tamie Ehinger. She is an advertising account executive and works for a variety of magazines and publishing companies. She currently sits on the board for the Saratoga Preservation Foundation, Saratoga County Economic Opportunity Council, and a member of the Business Advisory Council. This appointment will take effect immediately. He thanked Mr. Bennet for his dedicated service to the community. Page 11 of 21 City Council Meeting 10/06/09 Appointment: Heritage Advisory Board Mayor Johnson stated there are 5 new members to announce: Lee Signor, Michael Levinson, Suzanne Mangini, Dave Patterson and Hady Finch. Michael Messinger and Janice Burns have been reappointed. He thanked all of them for stepping up to volunteer. Accounts Department Announcement: Award Recipient Commissioner Franck stated he is pleased to announce that the Accounts Department has received the 2009 Cheryl Steinbach award from the State of New York for its Records Management. The award recognizes the City of Saratoga Springs for its exceptional commitment to an active and comprehensive records management program as demonstrated by developing and maintaining policies and procedures; completing a department-wide needs assessment; and strong financial support. The award also commends the City of Saratoga Springs for its initiative in developing a close relationship with the City’s IT Department to develop technology-based records management projects resulting in efficiencies and cost savings for the City. We will be presented with an award at a luncheon on October 26th. Discussion and Vote: Marriage Officer Resolution (09-280) Commissioner Franc k moved and Commissioner Kim seconded to appoint Peter A. Tulin a marriage officer for one day, Saturday, October 17, 2009 for the purpose of performing a marriage between his friend Sara Ann Gilmore and her fiancé, Anthony Gonzalez. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK Mayor Scott T. Johnson Commissioner John Franck Commissioner Kenneth Ivins Commissioner Anthony Scirocco Commissioner Ronald Kim WHEREAS, Section 11-C of the Domestic Relations Law of the State of New York provides that the governing body of any village, town or city may appoint one or more marriage officers who shall have the authority to solemnize a marriage in accordance with other provisions of law; and WHEREAS, Peter Alexander Tulin, being over 18 years of age, has requested the Council to duly appoint him a marriage officer for one day, Saturday, October 17, 2009, for the purpose of performing a marriage between his friend Sara Ann Gilmore and her fiancé, Anthony Gonzalez, in accordance with the applicable provisions of law; NOW BE IT RESOLVED as follows; 1. That this Council hereby appoints Peter Alexander Tulin, to be a marriage officer as provided in Section 11-C of the New York State Domestic Relations Law. 2. That the term of the appointment shall be for one day, Saturday, October 17, 2009, and for the purpose of solemnizing one marriage, specifically, the marriage between Sara Ann Gilmore and Anthony Gonzalez. That the appointee shall receive no salary, wage or compensation of any kind from the City of Saratoga Springs, New York. Ayes – 4 Nays - 0 Award of Bid: Potable and Storm Water Testing to CNA Environmental (09-281) Page 12 of 21 City Council Meeting 10/06/09 Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Potable and Storm Water Testing to CNA Environmental for the various prices listed. Commissioner Franck advised CNA was the lowest bidder meeting all the specifications. Commissioner Scirocco stated CNA is most familiar with their testing. Ayes – 4 Nays - 0 Award of Bid: Sale of 1977 Mack CF Vehicle to Jason Kaczmarek (09-282) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for the Sale of the 1977 Mack CF Vehicle to Jason K aczmarek in the amount of $ 1,276.00. Commissioner Franck advised that Jason Kaczmarek was the highest bidder. Ayes – 4 Nays - 0 Finance Department Discussion and Vote: Recreation Department Payroll Transfers (09-283) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Recreation Department payroll transfers as previously distributed to the Council. Commissioner Ivins stated the transfers are due to increase registrations and therefore the supervisions lines must be increased. Ayes – 4 Nays – 0 Discussion and Vote: Department of Public Works Payroll Transfers (09-284) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Department of Public Works payroll transfers as previously distributed to the Council. Commissioner Ivins stated this is a transfer to the carousel line and the core mobility transfer for in-kind services portion from the streets and labor line. Commissioner Scirocco stated this is to make payroll. Ayes – 4 Nays – 0 Discussion and Vote: Department of Public Safety Payroll Transfers (09-285) Commissioner Ivins moved and Commissioner Kim seconded to approve the Public Safety payroll transfers as previously distributed to the Council. Commissioner Ivins stated this is a transfer to August traffic labor line, transfer to education incentive line for a new addition from police department with retroactive incentive for 3 years the individual has been with the City. Commissioner Kim explained this person is not a new addition of a staff member. Page 13 of 21 City Council Meeting 10/06/09 Ayes – 4 Nays - 0 Discussion and Vote: Standard Work Day Resolutions (09-286) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the standard work day resolution as presented to the Council. Commissioner Ivins stated as a result of the comptroller’s audit of our retirement records, one resolution was created for City Hall part time employees and one resolution was created for City Center Authority employees. It establishes a standard work day as reported to the retirement system. Ayes – 4 Nays - 0 Discussion and Vote: Amend 2009 Capital Budget-Visitor’s Center (09-287) Commissioner Ivins moved and Commissioner Scirocco seconded to amend the 2009 capital budget for the Visitor ’s Center project as previously distributed to the Council . Commissioner Ivins stated this is for $25,000 as requested by DPW and is contingent upon approval of DPW agenda item #7. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Kim – Aye Discussion and Vote: Capital Reserve Resolution-Visitor’s Center (09-288) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the use of capital reserve resolution for the Visitor ’s Center as previously distributed to the Council. Commissioner Ivins stated $25,000 is requested by DPW and is contingent upon approval of DPW agenda item #7. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Kim – Aye Discussion and Vote: Amend 2009 Capital Budget-Core Area Mobility (09-289) Commissioner Ivins moved and Commissioner Scirocco seconded to approve amending the 2009 capital budget for the Core Area Mobility project as previously distributed to the Council. Commissioner Ivins stated $25,238 was requested by DPW with no budget impact. The grant amount is $24,000 and the $1,238 is in-kind services transferred from the streets and labor line. This is also contingent upon DPW agenda item #1. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Kim – Aye Page 14 of 21 City Council Meeting 10/06/09 Discussion and Vote: Amend 2009 Capital Budget-Church Street Reconstruction (09-290) Commissioner Ivins moved and Commissioner Scirocco seconded to amend the 2009 capital budget for the Church Street Reconstruction Project as previously distributed to the Council. Commissioner Ivins stated the amount is $1,163,097.00 as requested by DPW. The total project budget is now $2,945,659.16. There is no budget impact due to stimulus funding. This is also contingent upon approval of DPW agenda item #2. Commissioner Scirocco stated he has a different number. He has $2,884,070.00 project total. Paul Male stated there is a number needed for the project and then extra money was put in for contingency, therefore a difference in the 2 numbers. Commissioner Scirocco asked if he has to change his numbers. Paul Males stated they should be using the higher number. Commissioner Ivins advised Commissioner Scirocco that he should be using the higher number when he gets to this item in his agenda. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Kim – Aye Set Public Hearing: 2010 Operating Budget Commissioner Ivins stated he has to present a comprehensive budget tonight per the Charter. Two public hearings have to be held; one must happen before November 1st and the second can happen any time. He set a public hearing for October 20, 2009 at 6:30 p.m. The second public hearing will be held on November 17, 2009 at 6:30 p.m. The Council has until the end of November to amend and pass a comprehensive budget. If a different budget is not passed by the end of November, what he presents tonight is the budget for 2010. Public Works Department Discussion and Vote: Amend the Capital Budget – Core Area Mobility and ADA Accessibility Project (09- 291) Commissioner Scirocco moved and Commissioner Kim seconded to add the Core Area Mobility and ADA Accessibility Project to the capital budget in the amount of $ 30,000 . Commissioner Scirocco advised this project is designed for handicap accessibility from Broadway to the Arts Council restrooms. There is $24,000 in federal assistance and a 20% cash match requirement, which can be in-kind services. We are close to that cash match with the design services. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Kim – Aye Discussion and Vote: Amend the Capital Budget-Church Street Reconstruction Project (09-292) Page 15 of 21 City Council Meeting 10/06/09 Commissioner Scirocco moved and Commissioner Franck seconded to amend the 2009 capital budget for the Church Street Reconstruction Project in the amount of $ 1,163,097.00 . Commissioner Scirocco stated the total amount of this project is $2,945,659.16 and is 100% federally funded. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Kim – Aye Discussion and Vote: Authorization for Mayor to sign 2009 Stormwater Grant Application (09-293) Commissioner Scirocco moved and Mayor Johnson seconded to authorize the mayor to sign the 2009 stormwater grant application. Commissioner Scirocco stated the previous resolution had one error and one omission presented at the September 15th Council meeting. The error occurred in paragraph 3 and cites the wrong county resolution 41-08. The correct county resolution is 69-09. Neither the error nor omission constitutes a significant or substantive change. Ayes – 5 Nays – 0 Discussion and Vote: Authorization for Mayor to Sign a Supplemental Agreement with DOT-Church Street Reconstruction Project (09-294) Commissioner Scirocco moved and Commissioner Kim seconded to authorize the mayor to sign a supplemental agreement with DOT for the Church Street Reconstruction Project in the amount of $2,945,659.16 . Commissioner Scirocco stated the project has started. Commissioner Ivins asked when sidewalks will be installed on Myrtle Street. Commissioner Scirocco stated they will be working on improvements in that area and taking over City right of way. Paul Male advised he was looking at the numbers in the resolution and the total cost of the project is $2,884,070. The actual resolution attached to the agenda has the amount as $2,755,616. There is a difference in the numbers due to the contingency built in. He suggested approving the resolution as worded by the DOT. Commissioner Scirocco confirmed they need to vote on the amount in the resolution. Commissioner Ivins advised that is correct. Ayes – 4 Nays – 0 *** Commissioner Scirocco requested to add an item to his agenda. Commissioner Scirocco moved and Mayor Johnson seconded for Commissioner Scirocco to add an item to his agenda. Page 16 of 21 City Council Meeting 10/06/09 Ayes – 5 Nays - 0 Commissioner Scirocco moved and Commissioner Ivins to authorize the mayor to sign a supplemental agreement with Barton & Loguidice pertaining to the DEC consent orders previously distributed to the Council. Commissioner Scirocco stated the agreement consists of the implementation of a corrective action plan as prescribed by the DEC in the amount of $57,925. This amount is in the budget. He brought Steve LeFevre from Barton & Loguidice in to answer any questions. Commissioner Scirocco reviewed the contract language with Joe Scala during the pre-agenda meeting. Joe has since looked at the contract and approved it. He believes risk and safety has also approved it. Commissioner Franck asked if the motion can be made contingent upon risk and safety. Commissioner Scirocco stated he is amending his motion to be contingent upon risk and safety approval. Ayes – 5 Nays - 0 Discussion and Vote: Authorization for Mayor to Sign a Supplemental Agreement with Stantec – Nelson Avenue (09-295) Commissioner Scirocco moved and Commissioner Ivins seconded to authorize the mayor to sign a supplemental agreement with Stantec for the Nelson Avenue project in the amount of $14,900 . Commissioner Scirocco stated since the scope of engineering services for phase 4 of this project was originally established, additional tasks have been identified that should be included as part of this phase. The first task is to include the design of storm drainage improvements from Crescent Avenue south to Gridley Avenue. The second task is to provide technical assistance to the City staff for review of construction work for the improvements to the sanitary sewer being completed under phase 3. Stantec will also assist the City staff in construction, observation, start up, and testing of the new sewage pumps. Paul Male advised there should be energy savings in the electric bills with the new pumps as the pumps are more efficient. They didn’t do this originally because they didn’t think they would have enough money to add this piece in. Commissioner Ivins stated we only have $144,000 and when you take $14,000 out, we only have $130,000 to do the work. It doesn’t sound to him like that is enough money to do the work they are proposing, is there other money to do the work. Paul stated he thought there was more money than that. This isn’t a big project; this is a fairly shallow storm sewer. Commissioner Ivins asked if they can verify what they have and what you’ve got to work with. Paul advised he will go back to the numbers but he thought there was approximately $500,000 left. Commissioner Ivins stated that is not the amount their records are showing. He asked Paul to double check and get back to his office. Ayes – 3 Nays – 2 (Commissioner I vins and Commissioner F ranck) Discussion and Vote: Authorization for Mayor to Sign Three Utility Easements – Nelson Avenue Phase III (09-296) Page 17 of 21 City Council Meeting 10/06/09 Commissioner Scirocc o moved and Mayor Johnson seconded to authorize the mayor to sign three utility easements for Phase III of the Nelson Avenue Project contingent upon the property owners signing the agreements. Commissioner Scirocco stated they don’t have the signatures of the property owners at this point. There doesn’t appear to be a problem with them signing the agreements. Paul Male asked the Council to continue with this vote and he will get the signatures. There are 2 easements for Steve Ethier and 1 for Ruth Daggs. Neither party has a problem with signing the easements. The easements are at the end of East Broadway and Reservation Road. Mayor Johnson confirmed the property owners are granting the easement to the City. Commissioner Scirocco stated that was correct. Ayes – 5 Nays - 0 Announcement: Street Paving Schedule Resurfacing schedule is as follows: o 10/5 they milled Granite Street from Alger to Greenfield and milled Alger St. from Clinton St. to Woodlawn Ave. o 10/7 paving Granite St. from Alger to Greenfield Ave. o 10/8 paving Alger St. from Clinton St. to Woodlawn Ave. o 10/9 paving Waldon Lane to the dead end Discussion and Vote: Amend the Capital Budget – Visitor Center Project (09-297) Commissioner Scirocc o moved and Commissioner Ivins seconded to add wall repairs for the Visitor Center to the capital budget in the amount of $ 25,000 . Commissioner Scirocco stated the project involves emergency repair to the 2 damaged exterior walls to the building. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Aye Commissioner Kim – Aye Mayor Johnson - Aye Public Safety Department Discussion and Vote: Accept Donation for DARE Program (09-298) Commissioner Kim moved and Commissioner Ivins seconded to accept a donation for the DARE program from Gurtler Bros. in the amount of $ 300. Ayes – 5 Nays - 0 Set Public Hearing: City Code Amendment – Parking – Spring Street between Regent & Court Commissioner Kim set a public hearing for Tuesday, October 20, 2009 at 6:25 p.m. Announcement: Appreciation – School Crossing Guards Page 18 of 21 City Council Meeting 10/06/09 Commissioner Kim reminded the public that school is open and they need to stop for school buses. He thanked all the crossing guards for everything they do. Also, in the past it has been discussed having the school district pay for or contribute to the crossing guard salaries as a way to keep expenses down. There is law that prohibits a school district from employing or contributing towards their salaries. Supervisors Joanne Yepsen Saratoga Children’s Theater & Non-Profit Requests Supervisor Yepsen reported this was addressed during the presentation portion of this agenda. She found when working this group that there are categories missing from the rate structure for the music hall. Report of NYSAC Conference Supervisor Yepsen reported the NYSAC conference was held a couple weeks ago in Saratoga Springs. There were over 700 county delegates in attendance. NYSAC came up with 2 priorities – 1. urge the governor and state legislature to reduce state spending without shifting the cost of the state programs to county property tax payers; and 2. call on state and federal governments to immediate actions to help relieve the current dairy crisis. Grants to You Supervisor Yepsen reported Grants to You is holding its next class at Skidmore College on 10/23 and 10/24. This is a free class. If interested, contact her. Safe Routes to School Committee Update Supervisor Yepsen reported this became an issue when children wanted to walk or ride bikes to school. There are 3 schools in the City that are set up and designed for walkers and could provide bike racks easily. Also, tomorrow is an international walk to school day. Fourth Annual Jazz BBQ Supervisor Yepsen reported the fundraiser was held on Sept. 18th. They raised $4500 towards the restoration project. She thanked the community and all that participated in this event. County Veterans Update Supervisor Yepsen reported they had over 4,000 people attend the concert. They will continue to hold this event. The next event is a Saratoga County World War II veteran’s night on October 26th at 5:30 p.m. at the City Center. This is the first time World War II veterans are being recognized. County Land Preservation Grants Supervisor Yepsen reported the city applied and met the deadline and criteria. The committee met last week to review all submissions. They will be meeting tomorrow and will be making recommendations to the full board public. Matthew Veitch Trails Committee Update Page 19 of 21 City Council Meeting 10/06/09 Supervisor Veitch reported they met at the end of September. They have 2 trail developments underway – one is in the Town of Northumberland and Wilton. This property is currently used by BOCES forestry class for logging. It will be easy to build these trails as BOCES has cut a lot of the trails already. The second trail is in Wilton and connects to the Wilton Wildlife Preserve Trails. Both trails will be completed early next year. Green Committee Update Supervisor Veitch reported this committee met last week. This was done as part of the Sustainable Saratoga meeting. Guest speakers were Bill Springneather from CLA Site and Lisa Nagel from Elan Planning. Committee meetings will resume in the afternoons to write their report. Rt. 50 Update Supervisor Veitch reported a resolution was past last April to support the DOT's plan to do site improvements to upgrade the road. DOT informed them at yesterday’s meeting that they don’t have money and project isn’t going anywhere. Commissioner Kim stated he remembers the Rotary Club donating money to the chamber for this project. Supervisor Veitch advised Joe Dalton was also in attendance at the meeting yesterday. Joe stated they have $80,000 in their account for landscaping. NYRA Local Advisory Board Supervisor Veitch reported they met yesterday. Paul Roberts has been hired as consultant by NYRA to make planning suggestions for capital improvements. Belmont and Saratoga both rank in the top 10 race courses in the world. NYRA will have approximately $100 million dollars for capital improvements if they get the VLTs at Aqueduct. NYRA has decided they want to spend that money on Saratoga. Parts of the grandstand and club house need some work and there are barns in need of repair. Friends of Saratoga County Animal Shelter Benefit Supervisor Veitch reported a fundraiser is scheduled for October 8th. Money raised through this event goes towards purchase of kennel cages, small expenditures, etc. Saratoga Gaming and Raceway Foundation Grants Supervisor Veitch reported the grant program is open – this is the 5th year. There is $30,000 available this year. The grant program is open until October 20th. Grants will be given out at their board meeting on November 17th. Applications can be obtained on line at saratogagameingandracewayfoundation.org. HEAP Energy Assistance Program Supervisor Veitch reported the program will happen again this year and is run by the Department of Social Services. They are accepting applications Mon. – Fri. from 9 a.m. - 5 p.m. ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes - All There being no further business, Mayor Johnson adjourned the meeting at 9:56 p.m. Page 20 of 21 City Council Meeting 10/06/09 Respectfully submitted, Lisa Ribis Clerk Approved: 10/20/09 Vote: 5 - 0 Page 21 of 21